The Court held that the plaintiff builder was entitled to payment of $73,061.59 in retention monies under a residential building contract as amended by a tripartite deed, and that the first defendant developer's cross-claim for defective work succeeded only in part ($21,509.77), with most non-major defect claims being time-barred under s 18E of the Home Building Act 1989 (NSW) except where they could be pursued as breaches of the builder's undertaking in the tripartite deed, which was subject to the twelve-year limitation period for deeds.
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